STULZ-CHSPL (INDIA) PRIVATE LIMITED,MUMBAI vs. DCIT 16(2), MUMBAI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the issue of claiming CSR expenditure under Section 80G is highly debatable. The AO's view in the original assessment was a plausible view, and the Pr. CIT's differing opinion constituted a change of opinion, which does not warrant assuming jurisdiction under Section 263.
What were the facts?
The assessee filed its return declaring a total income. Subsequently, the Pr. CIT invoked Section 263, alleging that the assessment order accepting CSR expenses as eligible for deduction under Section 80G was erroneous and prejudicial to the revenue. The Pr. CIT directed the AO to pass a fresh assessment order.
What were the issues?
Whether the Pr. CIT can assume jurisdiction under Section 263 on a debatable issue by forming a different opinion from the AO's plausible view?
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- JMS Mining (P.) Ltd. v. PCIT93 citing130 Taxmann.com 118 · 2021 · ITAT
Income Tax Appellate Tribunal, “F” BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY, HON’BLE & SHRI NARENDRA KUMAR BILLAIYA, HON’BLE
O R D E R
More judgments on Section 263
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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